The petition challenging the registration of Private Tour Operators for Haj 2012 was disposed of as it had been transferred to the Supreme Court. High Courts are barred from entertaining immediate petitions in this regard due to the Supreme Court's order and pending PIL.
Writ petition disposed of; case transferred to Supreme Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION LODGING NO.1808 OF 2012
Miss Misbah Mehmood Khan ..Petitioner Versus The Government of India & Ors. ..Respondents.
Mr. Ajit S. Karwande for the petitioner. Mr. R.C. Master with Mr. Som Sinha i/b. D.P. Shah for respondent Nos. 1 to 3.
Ms. Lata B. Patne for respondent Nos. 4 and 5.
CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, J. DATE : 10 August 2012.
P.C.
Learned counsel for the Central Government places on record the orders dated 8 May 2012 and 23 July 2012 in S.L.P. (Civil) No.28069 of 2011 and connected matters. Learned counsel draws our attention to the following directions of the Supreme Court:-
“Mr. G.E. Vahanvati, learned Attorney General, informs us that even though the Haj Policy 2012 formulated by the Government of India along with all incidental issues, including the registration of the PTOs for carrying Haj pilgrims is engaging the attention of this Court and despite the earlier order passed by the Court on May 8, 2012, Private Tour Operators are approaching different High Courts with their individual grievances and the High Courts are entertaining the Writ Petitions in connection with the registration of Private Tour Operators for carrying pilgrims for the Haj 2012.
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We are surprised to know this. In view of our clear order passed on May 8, 2012, and further in view of the pendency of this case as a PIL before this Court, any writ petitions ought not to have been entertained by any of the High Courts. If any case, seeking directions for registration as PTO for Haj 2012, is pending in any High Court, all such cases would get transferred to this Court and would be put up along with this case. We make the direction accordingly.
We further make it clear that since we are already in seisin of this case, no High Court will entertain any Writ Petition seeking direction for registration as PTO for Haj 2012”.
The present Writ Petition seeking direction for registration as PTO for Haj 2012 is accordingly transferred to the Supreme Court.
CHIEF JUSTICE
(N.M. JAMDAR, J.)
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2 issues framed by the court
Whether a writ petition seeking registration as Private Tour Operator for Haj 2012 should be entertained.
Whether a pending PIL at the Supreme Court precludes High Courts from entertaining similar petitions.
Miss Misbah Mehmood Khan
The Government of India
Mohit S. Shah
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
